Sambhu Sah @ Sambhu Saha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37021 of 2025 Arising Out of PS. Case No.-344 Year-2024 Thana- PALASI District- Araria ====================================================== Sambhu Sah @ Sambhu Saha S/O Late Sukhlal Sah Resident of VillageBalua, Kaliyaganj, Ward No.- 05, P.S- Palasi, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Jha, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Palasi (Araria) P.S. Case No. 344 of 2024 lodged on 06.10.2024, for the offence punishable under Sections 103(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending in the Court of Judicial Magistrate 1st Class, Araria.
3. As per the prosecution, FIR has been lodged against 3 named accused persons including the present petitioner alleging that they have killed the informant's daughter who was pregnant, by giving her poison.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.37021 of 2025(3) dt.06-08-2025 2/3 petitioner is innocent and has committed no offence. Counsel submits that the petitioner is the husband of the deceased and he has unnecessarily been made accused in this case. Counsel submits that the death of the informant's daughter is accidental and the Doctor has found no external or internal injury on the body of the deceased. Counsel submits that the informant's daughter died due to a snake bite and there is no material against the petitioner. Counsel submits that the petitioner and his wife were living a happy married life and there was no dispute between them. Counsel submits that from perusal of the postmortem report, it become crystal clear that there was no external or internal injury on the body of the deceased, rather, it is an unnatural event due to which she died. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 07.10.2024.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner is husband of the deceased and he was responsible for taking care of his pregnant wife. Counsel submits that from the post-mortem report, though there is no external injury found on the body of the deceased, but internal injury has been found on the body and death has been caused due to internal haemorrhage of shock.
Patna High Court CR. MISC. No.37021 of 2025(3) dt.06-08-2025 3/3 However, viscera preserved for chemical analysis.
6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected. (Dr. Anshuman, J) Divyansh/- U T